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Reasons
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(영문) 서울고등법원 2015.04.15 2013나68834
소유권이전등기청구권 가등기말소
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1. The parts indicated in paragraphs 2 and 4 of the judgment of the court of first instance are modified as follows.

Attached Form

Each entry in the list.

Reasons

1. Basic facts

A. 1) On February 3, 2009, the Plaintiff and the Defendant concluded an exchange contract, each of the real estate listed in the separate sheet (FIB) owned by the Plaintiff, is a place where they were engaged in bath business under the trade name of “FIB”.

hereinafter referred to as “Famana”

) The H level G in Ansan-si, the Defendant-owned, was engaged in accommodation business with the trade name of No. 401 of the fourth floor (hereinafter “Hel”).

hereinafter referred to as “Helel”

(i) Gangwon-do Crossing-gun J land owned by I (hereinafter referred to as “J land”);

2) The agreement to exchange each other (hereinafter “instant exchange agreement”)

2) At the time of the above exchange contract, F Co., Ltd.: F Co., Ltd. (hereinafter “new bank”) completed the establishment registration of a mortgage, which is the maximum debt amount of KRW 3.9 billion; the debtor; the debtor; and the new bank (hereinafter “new bank”); and HMoMoel completed the establishment registration of a mortgage, which is the maximum debt amount of KRW 1.4 billion; the debtor; the debtor; the debtor; the national bank (hereinafter “national bank”); and the national bank (hereinafter “national bank”); on May 1, 2008, J completed the provisional registration of the Defendant’s right to claim the ownership transfer on the land.

3) According to the instant exchange contract, ① the Defendant succeeds to the secured debt of the right to collateral security established in FJa, KRW 2.373 million, and KRW 410 million,000,000,000,000,000 for the repayment of the deposit related to the services, such as FJa’s oral, store, and credit, and KRW 41,000,000,000,000,000,000,000,000,0000 on the date of the contract, and KRW 1,50,000,000,000,000 on February 11, 2009, and KRW 12,000,000,000,000,000,000 for each of the remainder on February 3, 2009.

However, the defendant did not repay the secured debt of the right to collateral security established in HMoel until the payment date of the remainder.

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